Litigation Risk Management Institute

Litigation Risk Management & Settlement Valuation

Does it really work?
Yes. Many clients have benefited from the use of Negotiation Strategies. References are available.

Is it really as accurate as you claim?
Yes. Please see the references cited in the Track Record.

Do we need to know a lot about the personalities and inclinations of all of the participants in the negotiation to utilize this approach?
No, detailed information is not necessary. We need to have reasonably good assessments of the position, influence, and salience of each of the participants. You can use surrogates for generic staff or company officers who are very likely involved, but not identified as a particular person. We can test the robustness of the chosen strategy to uncertainties of changes of any of the three attributes we are assessing for any and all of the stakeholders. We will not recommend a strategy that would change significantly with small changes in any of the input parameters assessed for the participants.

Do we have to know who all of the stakeholders are?
No, as mentioned above, it is often adequate to assess input parameters for a generic participant. Examples would be outside counsel, auditors, customers or suppliers, etc.

How complicated can the negotiations be regarding number of stakeholders and number of issues?
Negotiation Strategies has been applied in situations where there were more than 130 stakeholders and 15 issues were involved.

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